1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. On October 18, 2006, the Defendant prepared a document stating that “The amount is: KRW 10,000,000, and KRW 18,000,000,000” (hereinafter “the cash custody certificate of this case”) to the Plaintiff on October 18, 2006, stating that the Defendant paid KRW 2,00,000 to the Plaintiff is “C” in the name column of the custodian of the said document. The fact that the Defendant paid KRW 2,00,000 to the Plaintiff on the same day is either a dispute between the parties or recognized by the evidence No. 6-1 and No. 2.

2. Summary of the parties' arguments;

A. The Plaintiff asserted that the Plaintiff lent KRW 10,000,000 to C from March 2, 2005 to February 2006, with the Defendant’s criminal case attorney fees, etc., the Plaintiff did not receive payment.

However, as a joint and several surety for C’s above loan obligation, the Defendant prepared the cash custody certificate of this case to the Plaintiff, and repaid KRW 2,000,000 out of the above loan obligation.

Therefore, the defendant is obligated to pay the remainder of 8,000,000 won and damages for delay to the plaintiff.

B. The defendant asserted that C was detained by the plaintiff and met the plaintiff. He heard that the plaintiff's attorney's fee of KRW 10,000,000 is urgently needed, and he first paid KRW 2,00,000 as requested by the plaintiff, and prepared a cash custody certificate for KRW 8,00,000.

However, since the Plaintiff did not pay KRW 10,000,000 at the attorney’s expense, the Defendant did not have any duty to pay the remainder of KRW 8,000,000 to the Plaintiff.

3. The Plaintiff spent an amount equivalent to KRW 10,00,000 on the sole basis of each statement of Gap evidence Nos. 1 through 5 (including paper numbers) at the attorney’s expense, etc.

It is insufficient to recognize that the said money was lent to C, and there is no other evidence to recognize it.